FRANCHISE AGREEMENTS UNDER THE LAWS OF ARUBA (I)

What are called ‘franchises’ are not seldom mixed type agreements
Franchise agreements are not defined in any Aruban statute and are not subject to any specific Aruban legislation. The franchise agreement is a sui generis agreement, subject to the general law of contracts. Distribution agreements are not subject to any specific Aruban legislation either, and are, [...]

Filed under: legal by Karel.Frielink
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GROUP RESTRUCTURING AND REFINANCING

Plan and act prudently: better to be safe than sorry
Especially in these times of global economic and financial turmoil, a group (or part thereof) might want to consider restructuring and refinancing its operations or may be already in the process of doing so. When considering or carrying out such plans, careful thought must be given [...]

Filed under: Corporate by Karel.Frielink
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LIBERALIZATION IN THE DUTCH CARIBBEAN

Telecom first, airlines to follow suit
The government of the Netherlands Antilles has been in favor of liberalizing the telecommunication market for may years now. Liberalization of the telecom market means opening it up to domestic and foreign competition, subject to certain regulatory principles.
Basically, liberalization means competition; competition means price levels determined by the market, not [...]

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THE CREDIT CRUNCH, THE ECONOMIC RECESSION AND MAJOR FRAUDS SCHEMES

Lawyers are having a heyday
Many countries, companies and private individuals are suffering severely from the credit crunch, the economic recession and the various fraud schemes (Madoff, Stanford, Enron, etc.). However, what causes misery to some represents opportunity to others, in this case, the lawyers.
The financial meltdown, for instance, has resulted in governments interfering in financial [...]

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PLC CROSS BORDER LAW FIRM RECOMMENDATIONS

Netherlands Antilles
According to PLC Cross Border (Which lawyer?), Spigthoff Attorneys & Tax Advisers is one of two firms dominating the Netherlands Antilles market for international work, both on- and offshore.
Spigthoff ranks high in corporate / M&A and dispute resolution.
Martijn Welten, who specialises in corporate law, mergers & aquisitions and corporate litigation, is (highly) recommended in the [...]

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THE DISMISSAL OF A TRUSTEE IN BANKRUPTCY IN THE DUTCH CARIBBEAN

Dismissal not always at the sole discretion of the judge
A Netherlands Antilles bankruptcy judge may at any time after having heard or after having properly summoned the trustee in bankruptcy, dismiss the trustee and replace him by one or more other trustees. This may be done at the request of the debtor, the trustee himself, [...]

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RIGHT OF SET-OFF UNDER DUTCH CARIBBEAN LAW

One of the most modern regimes in the world
The legal concept of set-off may be defined as setting cross-claims off against each other to produce a single balance. For instance, if A were to have a claim against B for a sum of money, and B would have a cross-claim against A for a sum [...]

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STRUCTURING TRANSACTIONS IN THE DUTCH CARIBBEAN, THE SKY IS THE LIMIT

Example: Parallel debt structures under Dutch Caribbean law
In a parallel debt structure, a company (the borrower) acknowledges a debt to an appointed agent by promising to pay the agent an amount equal to the sum of the borrower’s obligations under the (syndicated) loan agreement with the lenders. Thus an independent, parallel debt is created between [...]

Filed under: Securities by Karel.Frielink
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BANKRUPTCY AND INTEREST CLAIMS IN THE DUTCH CARIBBEAN

Bankruptcy vs non-bankruptcy claims
There are special statutory provisions regarding agreed interest rates, for instance, in a contract between the creditor and a party who subsequently goes bankrupt, during a bankruptcy (faillissement) and moratorium on payements (surseance van betaling). It is explicitly stated in the Netherlands Antilles Bankruptcy Decree (Faillissementsbesluit 1931) that only the interest accumulated [...]

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REAL ESTATE ATTORNEY JOINS SPIGTHOFF

Marja van der Lek
Recently Mrs. Marja van der Lek has joined the firm Spigthoff Attorneys at Law and Tax Advisers Curacao.
She has been an attorney at law since 2001, specialized in building law, landlord and tenant law and property development. She has an extensive experience in legal services to parties such as building companies, housing [...]

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